Byron Pinckney v. State

Court of Appeals of Texas·Decided February 16, 2012·No. 02-12-00013-CR·Published

Opinion

02-12-013-CR, 02-12-014-CR

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NOS.  02-12-00013-CR

NOS.  02-12-00014-CR

Byron Pinckney

APPELLANT

V.

The State of Texas

STATE

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FROM Criminal District Court No. 4 OF Tarrant COUNTY

MEMORANDUM OPINION[1]

          Appellant Byron Pinckney filed pro se notices of appeal in these cases following his plea of guilty to criminal mischief in trial court cause number 1249140D and his plea of true to the State’s motion to adjudicate guilt for possession of more than one but less than four grams of cocaine in trial court cause number 1074269D.  The trial court sentenced Appellant to six months in state jail in cause number 1249140D and three years’ confinement in cause number 1074269D.  Subsequently, however, Appellant orally expressed at a hearing in the trial court on January 18, 2012, that he understood that he could not appeal following his guilty plea in cause number 1249140D and that, because he could not appeal in cause number 1249140D, he no longer wished to appeal either case.  Accordingly, on our own initiative, we suspend the requirements of rule 42.2(a) of the rules of appellate procedure, and we dismiss these appeals.  See Tex. R. App. P. 2, 42.2(a), 43.2(f).

PER CURIAM

PANEL:  GARDNER, WALKER, and MCCOY, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  February 16, 2012



[1]See Tex. R. App. P. 47.4.

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